493, CATCHWORDS Industrial Law - deregistration proceedings commenced by applicant under s.143 of Conciliation & Arbitration Act - applicant subsequently deregistered pursuant to Act of Parliament - consequent locus standi of applicant to continue proceedings under s.143 as an organisation or person interested. Conciliation and Arbitration Act 1904 (Cth) Builders' Labourers' Federation (Cancellation of Registration) Act 1986 (Cth) Australian Building Construction Employees' and Builders' Labourers' Federation v The Master Builders' Association of New South Wales (11 November 1986 - unreported) THE AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES' AND BUILDERS LABOURERS' FEDERATION v. THE MASTER BUILDERS' ASSOCIATION OF VICTORIA No. V 10 of 1986 CORAM: Evatt, Beaumont and Jackson JJ. Sydney 11 November 1986 a at Pan oop cercmo ares soryorr rere te . ' ez - IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY } No. V 10 of 1986 ) INDUSTRIAL DIVISTON ) BETWEEN : THE AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES' AND BUILDERS LABOURERS' FEDERATION Applicant AND: THE MASTER BUILDERS' ASSOCIATION OF VICTORIA Respondent MINUTES OF ORDER Judges making order: EVATT, BEAUMONT AND JACKSON JJ. Date order made: 11 November 1986 Where made: Sydney THE COURT ORDERS THAT the proceedings be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. ens ey ne ee ae tpt pee eee eae come rp ZL > ae wt to . : wal ONE wrote IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No. V 10 of 1986 www we INDUSTRIAL DIVISION BETWEEN : THE AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES' AND BUILDERS' LABOURERS' FEDERATION Applicant D: THE MASTER BUILDERS' ASSOCIATION OF VICTORIA Respondent CORAM: EVATT, BEAUMONT AND JACKSON JJ. DATE: // November 1986 PLACE: Sydney REASONS FOR JUDGMENT EVATT and JACKSON JJ. The applicant (which we shall call "the BLF") instituted these proceedings before the cancellation of its registration as an organization under the Conciliation and Arbitration Act 1904 by the Builders' Labourers' Federation (Cancellation of Registration) Act 1986. yt ape re eee Soy re ete < 3t > For the reasons which we have given today in The Australian Building Construction Employees Labourers' Federation v. The Master Builders' Association of and Builders' New South Wales (No. I 3 of 1986) the BLF cannot continue the proceedings, and they should be dismissed. on ~ — 4 i I eertify that this and the d preceding page area true copy of the j Reasons for Judgment herein of his Honour lyr. Justice Evatt aad He Justee Jackson dotabte ws { Associate Dated: Il Novenave lige [ ey wee ees eee epee wae ao Ler te nee nes rn tore Soins - vot tre yarn aie. be ee eee eee IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No. V 10 of 1986 weyers INDUSTRIAL DIVISION BETWEEN : THE AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES' AND BUILDERS LABOURERS' FEDERATION Applicant AND: THE MASTER BUILDERS' ASSOCIATION OF VICTORIA Respondent CORAM: Evatt, Beaumont and Jackson JJ. DATED 11 November 1986 REASONS FOR JUDGMENT BEAUMONT J. The background to this matter appears from the reasons for judgment in the proceedings in the New South Wales District Registry between The Australian Building Construction Employees' and Builders Labourers' Federation as applicant and The Master Builders' Association of New South Wales as respondent (No. I.3 of 1986). In the present case, on 14 March 1986, the applicant, The Australian Building Construction Employees' and Builders Labourers' Federation ("the BLF") filed an application and statement of claim pursuant to s$.143(1) of the Conciliation and Arbitration Act 1904 ("the Act") seeking the cancellation of the registration of the respondent, The Master Builders ee ra "3 if 5 a nae . aene te ee eee vay yout oe og > motores. Se teh eet a) pew omens OO TT. ea eee to Association of Victoria ("the MBAV") under the Act. The MBAV has moved for the dismissal of the proceedings on the ground that the BLF now lacks standing to sue under s.143(1). For the reasons given in matter No. I.3 of 1986, I am of the opinion that the contention of the MBAV should be upheld. I would dismiss the proceedings. I certify that this and the preceding ong (J?) pages are a true copy of the Reasons for Judgment herein of his Honopr Mr. Justice Beaumont. Lhecle 4 Muro Associate Dated: // hVenenber FEC ae . SU Re epee er et ne Le ap eee Ce ee Seeacneadinain daca be